Acts of Parliament allow Ministers and government agencies to make legal documents. These documents, if they are legislative in character, need to comply with the requirements under the Subordinate Legislation Act 1994 (the Act). A document is of a legislative character if they usually require people to comply with the terms of the document, have an impact people’s rights and interests, and apply to the public at large (legislative instrument).

If the document is a ‘legislative instrument’, the Act sets out the requirements about the process to make them, including consultation within government and the community, and providing the documents to Parliament to scrutinise.

Sometimes it is not clear if a document is of a legislative character requiring it to comply with the process requirements under the Act. Additionally it may not be clear that the costs of consultation with the public and scrutiny by Parliament outweigh the benefits, usually because the document does not have a significant impact on the community, or complying with all the requirements of the Act could result in unnecessary delays. Where this is the case, the Act allows for regulations to be made.

The Department of Premier and Cabinet has prepared a Regulatory Impact Statement in relation to the proposed Subordinate Legislation (Legislative Instruments) Regulations 2021 (proposed Regulations).

The proposed Regulations are similar to the current Regulations, which are due to expire on 28 June 2021.

The proposed Regulations, to be made under section 4A of the Act have three purposes:

  1. to prescribe a non-exhaustive list of instruments which are not to be legislative instruments for the purposes of the Act (mostly instruments of purely administrative character) (Schedule 1 of the proposed Regulations);
  2. to clarify the characterisation of instruments as legislative instruments and prescribe them to be legislative instruments for the purposes of the Act (Schedule 2 of the proposed Regulations); and
  3. to exempt certain legislative instruments from the operation of certain provisions of the Act (including the preparation of a regulatory impact statement , associated consultation and other requirements) by listing those instruments in Schedule 3 or in the main body of the proposed Regulations.

The objectives of the proposed Regulations are to:

  1. assist departments and agencies to allocate their resources efficiently and ensure they are not subject to excessive burden;
  2. minimise unnecessary delays in making or amending legislative instruments; and
  3. ensure legislative instruments are identifiable, publicly available and an appropriate level of scrutiny (parliamentary and the Scrutiny of Acts and Regulations Committee of Parliament ) is applied to the legislative instruments.

The Regulatory Impact Statement examines the costs and benefits of the proposed Regulations and possible alternatives. It concludes that the proposed Regulations are the most efficient method of achieving the objectives.

How to participate

Public comments are invited on the Regulatory Impact Statement and the proposed Regulations.

All comments must be in writing and should be marked ‘Subordinate Legislation Regulations’.

You may want to indicate if your submission represents the views of an agency or department that administers the instrument, or if you are a member of the public affected by that instrument.

Comments must be received no later than 5pm on Thursday 3 June 2021 and can be submitted via:

  1. this website by uploading your submission under the submit feedback tool below;
  2. email to: GeneralOrdersLegislativeInstruments@dpc.vic.gov.au; or
  3. by mail to:
    Department of Premier and Cabinet
    Level 2, 1 Treasury Place,

Next steps

All comments and submissions will be treated as public documents, unless the person making the comment or submission requests that it not be publicly available.

Privacy collection notice

The Department of Premier and Cabinet (DPC) and our service providers value the privacy of every individual's personal information.

We are committed to protecting the information we collect and complying with our obligations under the Privacy and Data Protection Act 2014 (Vic) (the PDP Act) and the Health Records Act 2001 (Vic).

Protecting your privacy and your personal and health information is an important aspect of the way we create, organise and implement our activities online and offline.

Sharing your views through the Engage Victoria submission process will contribute to the development of the proposed Subordinate Legislation (Legislative Instruments) Regulations 2021 (the proposed Regulations). We will consider any submissions made when finalising the proposed Regulations.

Submissions will be provided to:

  • the Scrutiny of Acts and Regulations Committee of Parliament after the Regulations are made, in accordance with the requirements of the Subordinate Legislation Act 1994 (Vic);
  • the Minister for Government Services for the purpose of providing advice and recommendations on the proposed Regulations;
  • other state government Ministers, departments and government agencies if your submission relates to a particular legislative instrument within their portfolio responsibility; and
  • the Commissioner for Better Regulation and Better Regulation Victoria as part of their support of best practice in the regulation making process.

We ask that when you provide a submission that you do not include any health or sensitive information as defined under the PDP Act. However, if such information is provided, it will be protected as per the relevant legislation. You are not required to include personal information when providing a submission. If you decide to include personal information in your submission, you must provide your consent to your submission being identifiable on the Engage Victoria website. Your personal information may be disclosed to the third parties referred to above when your submission is quoted or published as part of the consultation if you provide your consent via the Engage Victoria website. Your personal information may also be shared as required by law, including under the Subordinate Legislation Act 1994 (Vic).

Please note that your personal information may be used to contact you directly about your submission. You can also provide your contact details separately to the review team on the Engage Victoria website so that you can be advised of the outcome of the consultation. If you choose to not provide any personal information that includes your contact details, you will not be contacted about the submission. You may access or correct the personal information that you provide to the department by contacting the department on Freedom of Information Act 1982 (Vic).

For more information on the department’s collection, use and disclosure of personal information, please refer to our website and the Engage Victoria website available at: Engage Victoria Privacy.